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· 12/23/1998

Joseph A. Mondzelewski, Rebecca Mondzelewski v. Pathmark Stores, Inc., Supermarkets General Corp.

Citations

  • 162 F.3d 778
  • 8 Am. Disabilities Cas. (BNA) 1752
  • 1998 U.S. App. LEXIS 31775
  • 1998 WL 890346

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that plaintiff’s assignment to 9:30 a.m. to 6:00 p.m. shift was an adverse employment action when most other employers in the same role either worked from 6:00 a.m to 2:00 p.m. or from noon until evening and plaintiff’s shifts were considered “punishment shifts”
  • stating that if a plaintiff is substantially limited in any of those major life activities other than work, the individual qualifies as “disabled” and the inquiry ceases
  • explaining that while “the relatively mild nature of [defendant’s] allegedly retaliatory conduct may not be without legal significance, it is not dispositive with respect to the narrow legal question now before us”
  • explaining that were it otherwise “every action that an ‘irritable, chip-on-the-shoulder employee did not like would form the basis of a discrimination suit’” (quoting Robinson v. City of Pittsburgh, 120 F.3d 1286, 1300 (3d Cir. 1997))
  • rejecting argument that plaintiff is not substantially limited in working merely because he was able to perform his job with accommodation
  • \Assigning an employee to an undesirable schedule can be more than a 'trivial' or minor change in the employee's working conditions.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Scirica, Alito

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